ST. CLAIRSVILLE – No criminal charges will be filed after a private citizen filed an affidavit asking Belmont County Western Division Court to review the prosecutor’s decision not to file charges in the wake of an altercation at a Barnesville-Union Local football game.

Brent Gay of Flushing, who was attending the Oct. 25 game between the longtime rivals as a UL Jets fan, sought the review after the prosecutor’s office declined to press any charges. Through a Clevelnand law firm, Gay cited Ohio Revised Code Section 2935.09 to accuse UL coach Vaughn Butler, Barnesville police Officer Matthew Tippie and county sheriff’s Deputy Tyler Grant of various criminal offenses. Offenses alleged against Butler included first-degree misdemeanor assault and disorderly conduct; Tippie was alleged to have committed second-degree misdemeanor dereliction of duty; and Grant was accused of dereliction of duty, second-degree misdemeanor obstructing official business and first-degree misdemeanor obstructing justice.

Western Division Judge Eric Costine reviewed the case, including witness statements, and determined that the court would not second guess the prosecutor’s decision in this case.

“Based on this court’s analysis the court finds that no complaint should be filed against Tippie or Grant,” Costine wrote in his ruling, issued this week. “The affidavit urges that charges be filed based upon Grant saying to Tippie ‘can’t we do this later.’ Of course, Tippie could have said no and that he wanted to investigate the allegation right then and there, but he also had the discretion to wait until another time to investigate. This discretion was probably very smart considering that Tippie is a Barnesville Police Officer investigating a Union Local coach at halftime when UL is down 41-0 between intense rivals.”

Costine also points out that Gay admitted to initiating the confrontation with Butler.

“He states in his affidavit that he believed he was making a harmless quip to a friend,” Costine notes. “It is quite obvious that Butler did not see it that way. The court does not see it as such either. The comment was likely an accusation that Butler had failed to properly prepare himself and his team for the contest with their rival team. Gay admittedly made this confrontation during the game at halftime. It is axiomatic to say that had this confrontation not been made, no incident would have occurred.

“By injecting himself into the coaching staff at the game Gay single-handedly created the atmosphere for which he now complains and requests this court to permit criminal charges to be filed and to have Butler, and Tippie and Grant arrested and taken to jail.”

Costine points out that by initiating this contact, which officials have said consisted primarily of shoving, Gay could be charged with first-degree misdemeanor inciting violence and disorderly conduct.

“This is exactly why charges are brought in the name of the State and not by victims,” Costine added. “Yes, the law provides an avenue for private citizens to file an affidavit to initiate criminal charges, but this is an extraordinary remedy in the law. Necessary, but extraordinary.”

Costine also addressed the matter of inappropriate conduct at sporting events in general.

“(O)ther similar cases (at sporting events) occur much more frequently than they should,” he wrote. “Overzealous fans verbally berating athletes, coaching staff and officials pervades all sports starting at little league events and up through all levels of sports.

“Here, the prosecutor’s office has declined to prosecute anyone, when in the court’s mind they could have elected to prosecute both Butler and Gay.”

Union Local Superintendent Zac Shutler had little to say about the ruling.

“It took care of itself through the proper channels,” he said, noting that the facts uncovered by various investigations, including an internal probe by the district, helped the judge reach his conclusion.

Assistant Prosecutor Joe Vavra could not be reached for comment Wednesday.